Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Apr 14, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Orchards, WA

Asked on 04/14/2012

WHO DECEIDES WHO IS AT FAULT? THE POLICE REPORT I RECEIVED BY THE OFFICER ON THE SCENE OF THE ACCIDENT ,THE OTHER DRIVER IS RESPONSIBLE I AM THE OWNER OF A UNINSURED VEHICLE WHO WAS NOT DRIVING MY CAR AT TIME OF ACCIDENT. BUT SUPPOSIVELY AND ACCORDING TO WHAT I READ FROM THE ACCIDENT REPORT THE OTHER INSURED VEHICLE IS AT FAULT.BUT I KNOW HAVE A WRECKED VEHICLE AND NOW HAVING A SUBROGATION COMPANY COMING AFTER ME ? WHAT TO DO?

Answer given on April 24, 2012

If you are in an accident that is not your fault, the fact that you do not have insurance does not necessarily affect the handling of the claim. If the other party was at fault, then therr insrance company should be held accountable for the damages to your car.The other insurance company may well investigate the claim, since you were not insured, and you may have issues with the police and the Dept of Motor Vehicles, but if you were not responsible for the accident, then the other insurance company should pay for the damages to your car.The other insurance company may be uncooperative due to the fact that you did not have insurance at the time of the loss, but if their driver was responsible for the accident, the fact that you had no insurance should not affect the handling of the claim. If they refuse to pay the claim, ask for a supervisor, since the fact taht you had no insurance did not affect the claim.


IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.